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U.S. v. HYDE

No. 05-2897.

497 F.3d 103 (2007)

UNITED STATES of America, Appellee, v. Phillip HYDE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 7, 2007.

Attorney(s) appearing for the Case

Leonard A. Frisoli, with whom Zaheer Samee was on brief for appellant.

Christopher R. Donato, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

William R. Moorman, Jr., with whom Joseph J. Koltun and Craig & Macauley Professional Corporation were on brief for Board of Trustees of the Public School Teachers' Pension & Retirement Fund of Chicago.

Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This case requires us to decide whether a restitution order under the Mandatory Victims Restitution Act, codified in relevant part at 18 U.S.C. § 3613 ("MVRA"), allows the government to garnish the sale proceeds of a house that the debtor had attempted to exempt from the reach of creditors in a Chapter 7 federal bankruptcy proceeding. Finding that the government has such authority, we affirm the district court's order allowing the government...

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